Summary
The Fourth Circuit dismissed Jonathan Harris's appeal for lack of jurisdiction because his notice of appeal was untimely. The district court's final order was entered on August 8, 2017, and Harris filed his notice on September 8, 2017, which exceeded the 30-day appeal period. The court denied leave to proceed in forma pauperis and dismissed the appeal.
Topics
Practice areas
Questions Presented
- Whether the notice of appeal was timely filed under Federal Rule of Appellate Procedure 4(a)(1)(A).
Holdings
- The appeal is dismissed for lack of jurisdiction because the notice of appeal was not timely filed; the 30-day appeal period under Fed. R. App. P. 4(a)(1)(A) was not met, and no extension or reopening was obtained.
Key quotations
“The timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” (at 2)
Factual background
Harris filed a 42 U.S.C. § 1983 action against the City of Charlotte and several officers. The district court granted summary judgment for the defendants and dismissed the claims. Harris filed a notice of appeal, but it was untimely.
Procedural history
The district court entered orders granting summary judgment in favor of the defendants and dismissing Harris's §1983 and related state law claims. Harris filed a notice of appeal, but it was untimely.